December 1, 2012
SportalWorld (SportalWorld.com) is a webbased service hosted in the U.S. that is fully owned and operated by S&R Online Strategies. The services offered by S&R Online Strategies Inc. ("S&R Inc." or "we") include the SportalWorld website (the "S&R Website") and all the features, applications, content and services offered in connection with the S&R Website (collectively, the "S&R Services").
It is your responsibility to review this Agreement periodically to remain aware of any updates or changes. S&R Inc. reserves the right to modify this Agreement without notice. Such modification shall be immediately effective upon displaying or publishing (“posting”) by S&R Inc. on the S&R Website. Your use of the S&R services after any such modification is posted shall serve as your acceptance of the modified Agreement.
S&RInc. reserves the right, in its sole discretion, to reject Content for any or no reason, with or without prior notice, and without liability of any kind. S&R Inc. further reserves the right to refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the S&R Services at any time, for any or no reason, with or without prior notice, and without liability of any kind.
Use Restrictions.You agree to use the S&R Website and S&R Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. For your protection, personal information such as street addresses, phone numbers, and last names may not be posted on the S&R Website. S&R Inc. also prohibits any photographs which contain nudity. Users must refrain from displaying or publishing Content which is lewd, obscene, harassing, excessively violent, sexually explicit or otherwise objectionable. Although S&R Inc. makes these rules regarding Content, it is possible that some users of S&R Services will not comply. Therefore, S&R Inc. expressly disclaims any responsibility or liability for objectionable Content posted on the S&R Website by its Users. If you become aware of any misuse of S&R Services or find that Content on the S&R Website is not in compliance with the above rules, please contact S&R Inc. at Info@SportalCards.com and reference Service Abuse in the subject line.
You shall not agree to, and shall not authorize or encourage any third party to: (1) use the S&R Website to upload, transmit or otherwise distribute any Content that is lewd, obscene, harassing, unlawful, defamatory, libelous, abusive, fraudulent, contains viruses, or is otherwise objectionable as determined by S&R Inc.; (2) upload, transmit or otherwise distribute content that infringes upon another party's legal, proprietary, contractual, or fiduciary rights or obligations; (3) prevent others from using the S&R Website; or (4) use the S&R Website for any fraudulent or objectionable purpose. Violation of any of the foregoing may result in immediate termination of Subscriber privileges and you may also be subject to penalties under state and federal law. S&R Inc. reserves the right, but shall have no obligation, to investigate your use of the S&R Website in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Content. The term “Content” refers to text, data, files, images, photos, video, sounds, links, works of authorship, or any other materials. S&R Inc. does not claim any ownership rights in the Content that you post, print, download or copy to or from S&R Services. After posting your Content to the S&R Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. You are solely responsible for the Content that you post on or through any of the S&R Services, any material or information that you transmit to other Subscribers, and for your transactions with other Users. S&R Inc. does not endorse and has no control over the Content. S&R Inc. does not necessarily review Content prior to posting and Content does not necessarily reflect the opinions or policies of S&R Inc.. S&R Inc. makes no warranties, express or implied, as to the accuracy or reliability of the Content, material, or information that you transmit to other Users or that is transmitted by other Users to you.
Content Posted.S&R Inc. reserves the right to remove any illegal or prohibited Content as described in this Agreement or otherwise deemed objectionable by S&R Inc.. S&R Inc. reserves the right, in S&R Inc.’s sole discretion, to: (1) investigate and take legal action against anyone who violates the Content and conduct provisions of this Agreement; and (2) terminate the Subscribership privileges of anyone who violates the Content & conduct provisions of this Agreement. S&R Inc. expressly disclaims any responsibility for monitoring the S&R Services for inappropriate Content or conduct. Even if S&R Inc. does monitor the S&R Services, S&R Inc. assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
Prohibited ContentThe following is a nonexclusive list of the kind of Content that is illegal or prohibited by this Agreement. Prohibited Content includes, but is not limited to Content that, in the sole discretion of S&R Inc.: provides personal information such as street addresses, telephone numbers, last names, URLs or email addresses; solicits personal information from anyone under 18; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; includes a photograph of another person that you have posted without that person's consent; involves commercial activities and/or sales without our prior written consent such as contests, barter, advertising, pyramid schemes or sweepstakes; contains nudity, excessive violence, or links to an adult website; is sexually or violently exploitative; is patently offensive and/or promotes bigotry, racism, hatred or harm of any kind against any group or individual; harasses, or advocates harassment of another person or group; promotes information that you know is false or misleading; promotes illegal activities or conduct that is abusive, obscene, defamatory or libelous; furthers or promotes any criminal activity or enterprise or provides instructions for illegal activities including, but not limited to, making or buying illegal weapons, violating someone's legal rights, or providing or creating computer viruses; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufactureinstalled copyprotect devices, or providing pirated music, video, photos, or links to pirated files; involves the transmission of "junk mail," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or passwordonly access pages or hidden pages or images (those not linked to or from another accessible page).
Prohibited ConductThe following is a nonexclusive list of the kind of activity that is illegal or prohibited by this Agreement. Prohibited activity includes, but is not limited to: criminal or tortious activity, including trafficking in obscene material, child pornography, drug dealing, fraud, gambling, harassment, stalking, copyright or patent infringement, theft of trade secrets, spamming, spimming, sending of viruses or other harmful files; advertising to, or solicitation of, any Subscriber to buy or sell any products or services through the S&R Services. You may not transmit any chain letters or junk email to other Subscribers. It is also a violation of these rules to use any information obtained from the S&R Services in order to contact, advertise to, solicit, or sell to any Subscriber without their prior explicit consent. In order to protect our Subscribers from such advertising or solicitation, S&R Inc. reserves the right to restrict the number of emails which a Subscriber may send to other Subscribers in any 24hour period to a number which S&R Inc. deems appropriate in its sole discretion.
Term.This Agreement shall remain in full force and effect while you use the S&R Services or while you are a Subscriber. You may terminate your Subscribership at any time, for any reason, by following the instructions on the Subscriber's Account Settings page. Your profile may be deleted and your Subscribership may be terminated at any time without warning and in our sole discretion. Even after Subscribership is terminated, this Agreement will remain in effect.
Eligibility.By using the S&R Services, you represent and warrant that: (1) you are 13 years of age or older; (2) all registration information you provide is true and accurate; (3) you will maintain the accuracy of such information; and (4) your use of the S&R Services does not violate any applicable law or regulation. Eligible users (as defined above) agree, represent and warrant that if they are not at least 18 years of age, or if they are under the supervision of a legal guardian, that there legal guardian has: (1) reviewed and accepted the terms of this Agreement; (2) has allowed them access and use of the S&R Services; and (3) has reviewed and accepted any and all of their content on the S&R Website. Use of and Subscribership in the S&R Services is void where prohibited.
Password.When you become a Subscriber, you must choose a password. It is entirely your responsibility to use care when choosing a password and to protect the confidentiality of your password. You agree: (1) not to reveal your password to any third party; (2) not to use the password, account, or username of another Subscriber at any time; and (3) to promptly notify S&R Inc. if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. S&R expressly disclaims any responsibility for unauthorized use of your account by a third party.
Export LawsSoftware available in connection with the S&R Services ("Software") is further subject to United States export controls. No Software may be downloaded from the S&R Services or otherwise exported or reexported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Non-commercial Use by Subscribers.S&R Services are for the personal use of Subscribers only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by S&R Inc. Illegal and/or unauthorized use of the S&R Services is strictly prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of S&R Services. Such illegal or unauthorized use includes collecting usernames and/or email addresses of Subscribers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the S&R Website. S&R Inc. reserves the right to remove Commercial advertisements, affiliate links, and other forms of solicitation from Subscriber profiles without notice. S&R Inc. further reserves the right to terminate the privileges of any Subscriber who engages in any illegal or unauthorized use of S&R Services.
Personal Use of Information Only.You may make personal use of all of the information ("Information") you access or receive on or through the S&R Website and Services, but you may not take any of the Information and reformat and display it, or copy it onto your website or any other website. By using S&R Services, you agree not to: (1) store or migrate any of the Information or other data from the S&R Services without S&R Inc.'s written permission; (2) exploit any of the Information or data related to any portion of the S&R Services. Printing or reproducing a copy of item values and prices for personal, noncommercial use is permissible, but only subject to the terms of this Agreement. Commercial use of the Information is strictly prohibited without prior endorsement and approval by S&R Inc.
License.By posting any Content on or through the S&R Services, you hereby grant to S&R Inc. a nonexclusive, fullypaid, royaltyfree, fully sublicensable, worldwide limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content (in whole or in part) solely on and through the S&R Services. You also permit any User to access, display, view, store and reproduce such content for personal use. The license granted to S&R Inc. will terminate at the time you remove your Content from the S&R Services.
You represent and warrant that: (1) you own the Content posted by you on or through the S&R
Services or otherwise have the right to grant the license set forth in this section; and (2) the posting
of your Content on or through the S&R Services does not violate the legal rights of any person or
entity. You agree to sole responsibility for payment of royalties, fees, and any other monies owing
any person or entity by reason of any Content posted by you to or through the S&R Services.
The S&R Services contain Content of S&R Inc. ("S&R Inc. Content"), which includes, but is not limited to, the Information. S&R Inc. Content is protected by copyright, trademark, patent, trade secret and other laws, and S&R Inc. owns and retains all rights in the S&R Inc. Content and the S&R Services. Subject to the terms, conditions, and disclaimers of this Agreement, S&R Inc. hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the S&R Inc. Content (excluding any software code) solely for your personal use in connection with viewing the S&R Website and using the S&R Services. You do not have any license, express or implied, to the intellectual property of S&R Inc. or its licensors except as expressly stated in this Agreement.
Copyright Policy.You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. S&R Inc. reserves the right to terminate Subscribership privileges of any Subscriber who repeatedly infringes on the legal rights of others upon receipt of prompt notification to S&R Inc. by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the S&R Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (3) a description of the copyrighted work in question and its location on the S&R Website; (4) your email address, physical address and telephone number; (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please send any notices of suspected Copyright Infringement issues to Info@SportalCards.com and reference Copyright Issues in the subject line.
Subscriber Disputes.You are solely responsible for your interactions with other S&R Inc. Subscribers. S&R Inc. reserves the right, but has no obligation, to monitor disputes between you and other Subscribers.
S&R collects personally identifiable information including, but not limited to, names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to provide the S&R Services, to operate the S&R Website and to fulfill your specific requests.
S&R may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the S&R Website, and understanding how visitors use the S&R Website. Cookies can also help customize the S&R Website for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
S&R may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
Disclaimers.S&R Inc. is not responsible for any incorrect or inaccurate Content posted on the S&R Website or in connection with the S&R Services, whether caused by S&R Inc., Users of the S&R Services or by any of the equipment or programming associated with or utilized in the S&R Services. Profiles created and posted by Subscribers on the S&R Website may contain links to other websites. S&R Inc. is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by S&R Inc. Inclusion of any linked website on the S&R Services does not imply approval or endorsement of the linked website by S&R Inc. When you access these thirdparty sites, you do so at your own risk. S&R Inc. takes no responsibility for third party advertisements which are posted on this S&R Website or through the S&R Services, nor does it take any responsibility for the goods or services provided by its advertisers. S&R Inc. is not responsible for the conduct, whether online or offline, of any User of the S&R Services. S&R Inc. assumes no responsibility for any error, omission, interruption of service, defect, deletion, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Subscriber communication. S&R Inc. is not responsible for any problems or technical malfunction of any telephone lines or service, computer online systems, computer equipment, software, servers, or providers, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the S&R Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the S&R Services. Under no circumstances shall S&R Inc. be responsible for any loss or damage, including personal injury or death, resulting from use of the S&R Services, attendance at a S&R Inc. event, from any Content posted on or through the S&R Services, or from the conduct of any Users of the S&R Services, whether online or offline.
Limitation of Liability.IN NO EVENT SHALL S&R INC. OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF S&R INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, S&R INC.'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO S&R INC. FOR THE S&R SERVICES DURING THE TERM OF MEMBERSHIP.
Additionally, you expressly understand and agree that:
Advertisers and Other Users.Your correspondence or business dealings with, or participation in promotions of, advertisers, buyers, sellers, or agents found on or through the S&R Website, including payment for and delivery of related goods, services, or real property, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that S&R Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the S&R Website.
Fees.While the S&R Website base features and basic S&R Services are free, there are payfor use S&R Services on the S&R Website that may require a fee to use these S&R Services. S&R Inc. reserves the right to charge a fee for these S&R Services. Eligible users paying for any such fee represent and warrant that they are at least 18 years of age and have reviewed and accepted the content associated with the S&R Service they are paying the fee to use. S&R Inc. may periodically change its fees at its sole discretion. If your Subscribership is terminated by S&R Inc. because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of the fee or fees.
Disputes.If there is any dispute about or involving the S&R Services, you agree that the dispute shall be governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Texas, City of Dallas. Either S&R Inc. or you may demand that any dispute between S&R Inc. and you about or involving the S&R Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Dallas, Texas, USA, provided that the foregoing shall not prevent S&R Inc. from seeking injunctive relief in a court of competent jurisdiction. In the event that eBay exercises any third party beneficiary rights as set out in the Section immediately above, any such disputes shall be governed by the laws of the State of California and you expressly consent to the forum, jurisdiction and venue of the courts of the state of California or any other jurisdiction or courts as may be determined by eBay.
Indemnity.You agree to indemnify and hold S&R Inc., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the S&R Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the S&R Website or through the S&R Services causes S&R Inc. to be liable to another.
Other.This Agreement is accepted by you upon your use of the S&R Website or any of the S&R Services and is further affirmed by you becoming a Subscriber. This Agreement constitutes the entire agreement between you and S&R Inc. regarding the use of the S&R Services. The failure of S&R Inc. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. S&R Inc. is a trademark of S&R, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You may contact us at Info@SportalCards.com with any questions regarding this Agreement.